"The U.S. Patent and Trademark Office's (USPTO) examining attorneys do not consider trademark use dates when examining applications; however, the USPTO's Trademark Trial and Appeal Board (TTAB) does consider who is entitled to registration depending on who has superior use in commerce dates. If your dates are prior to the other party's and you can prove it to the TTAB, you have the opportunity to do so - through opposition proceedings as well as through a petition to cancel the mark once it has registered. You may also file a trademark infringement action against the other applicant to get an injunction against them to stop their use of the mark. You would have to prove that you had superior rights to theirs. Trademark rights, under U.S. law, accrue through use of the mark in commerce and not through registration. A USPTO registration is an evidentiary presumption that the registrant is the owner and has the right to use the mark. However, that presumption can be rebutted in court by one who has prior use of the mark in commerce."
An opposition and a petition to cancel is being filed with the U.S. Patent and Trademark Office by Equicaching LCC for infringement of the term Equicache by another party at this time. Registering for a trademark name and putting together a web holding page does not give legal right to a name or a copyrighted concept. Equicache.com and Equicaching.com have outstanding superior rights to the concept and the name. We apologize for any confusion this may cause. The point of Equicaching was always and will continue to be to encourage riders to get out and enjoy wholesome and family oriented activities with your horse on our precious trails!¬Ý Ride On!!!
UPDATE! The name EQUICACHE has NOT been approved by the United States Patent and Trademark Office. It has been given a "Notice of Allowance", but it is NOT A REGISTERED TRADEMARK despite claims by the other party. They have six months (active date Sept 4, 2007) to use the mark in commerce and file a statement of use before the mark can be registered. Needless to say, Equicaching LLC is taking all possible legal actions to protect our intellectual property against this fraud!
1-1-08
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